National Supervisory Commission
| National Supervisory Commission 国家监察委员会 | |
|---|---|
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| Agency overview | |
| Formed | 23 March 2018 |
| Jurisdictional structure | |
| National agency | China |
| Operations jurisdiction | China |
| Governing body | National People's Congress |
| Operational structure | |
| Headquarters | Beijing, China |
| Elected officer responsible |
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| Website | |
| ccdi.gov.cn | |
| National Supervisory Commission of the People's Republic of China | |||||||
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| Simplified Chinese | 中华人民共和国国家监察委员会 | ||||||
| Traditional Chinese | 中華人民共和國國家監察委員會 | ||||||
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State representative
Executive organ Military organ
Supervisory organ |
 China portal |
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The National Supervisory Commission[1] is the highest supervisory and anti-corruption authority of the People's Republic of China. Formed in 2018 by an amendment to the Constitution, the Commission holds the same constitutional status as that of the State Council, of the Supreme People's Court, and of the Supreme People's Procuratorate.[2]
According to the 2018 Constitution, the Director of the National Supervisory Commission is elected by the National People's Congress and shall not serve more than two consecutive terms. The Director reports to the National People's Congress and the National People's Congress Standing Committee. The deputy directors and Members of the commission are nominated by the Director and are appointed by the National People's Congress Standing Committee.[3]
The National Supervisory Commission is co-located with the Chinese Communist Party's Central Commission for Discipline Inspection.[2]
Background
[edit]The National Supervisory Commission was formed as part of a series of reforms to China's anti-corruption system during the first term of Xi Jinping as General Secretary of the Communist Party. The NSC roots originated from the imperial Chinese supervision system which originated in the Qin and Han dynasties. The system has been functioning for more than two thousand years. The names and structures of the supervisory offices may vary from one dynasty to another. However, they share the same values. For centuries, these offices aimed to uphold justice, enforce discipline and supervise government ethics. To achieve the goals, government officials periodically investigated, conducted visits and reported cases of impeachment to emperors.
After the 1911 Revolution, the founder of the Republic of China, Sun Yat-sen advocated a five-power constitution to spearhead the Chinese revolution. Drawing from the Western separation of powers (three branches: a legislature, an executive, and a judiciary), he added another two traditional Chinese government powers, examination and supervision (control), to propose the Five-Power Constitution.[4] The Constitution of the Republic of China was promulgated in 1947 which made the Control Yuan a parliamentary chamber until the reforms of 1991 which it became the sole auditory body in Taiwan.
While the Communist Party had institutionalized internal mechanisms for combating corruption in some form since its founding and the establishment of the People's Republic of China in 1949, it was apparent that it was largely ineffective at curbing systemic corruption, and otherwise had no legal basis, as the main organ tasked with combating corruption and malfeasance, the Central Commission for Discipline Inspection, was a party organ, not a state one.[5]
Prior to Xi's anti-corruption campaign, offenses were often prosecuted at the direction of local party authorities through their control of local Commissions for Discipline Inspection (CDIs) and procuratorial organs. While these authorities theoretically reported to their superior commissions at the next higher level of administration (i.e. the municipal organ would report to the provincial one, the provincial organ would report into the CCDI), in addition to answering to the local party leadership, in reality the local CDIs only answered to local party leaders, as they controlled the budgets, personnel, and resources of these organizations. This often led to arbitrary exercise of power and political selectiveness in the targets of corruption efforts.[5]
Formation
[edit]In late 2016, Supervisory Commissions (SCs) began pilot initiatives in Shanxi, Beijing and Zhejiang. Provincial level chiefs of Discipline Inspection began serving concurrently as heads of the local Supervisory Commissions.[5]
In February 2018, an amendment to the constitution was proposed to make national and local supervision commissions official state organs. Local commissions will be appointed by local peoples' congresses at county and higher level and will be accountable to them and to the supervision commission at the higher level.[6]
In March 2018, three state agencies with inspection powers (the Ministry of Supervision, the National Bureau of Corruption Prevention, and the Supreme People's Procuratorate's General Administration of Anti-Corruption and Bribery) merged with a communist party body (the Central Commission for Discipline Inspection) the form the National Supervisory Commission.[7]: 57 The merged state agencies were dissolved but the Central Commission for Discipline Inspection continues to exist, sharing its offices and resources with the National Supervisory Commission.[7]: 57 The formation of the National Supervisory Commission centralized control of anti-corruption resources to the central authorities and was aimed at curbing local interference in anti-corruption efforts.[5]
The National Supervisory Commission is designated as a political body.[7]: 57–58
Jurisdiction
[edit]The National Supervisory Commission's jurisdiction includes all public sector employees.[7]: 57 Evidence it gathers is admissible in court proceedings (previously, prosecutors had to conduct independent investigations to gather evidence after a case was referred by the Central Commission for Discipline Inspection).[7]: 57
List of directors
[edit]| No. | Name | Chinese name | Took office | Left office |
|---|---|---|---|---|
| 1 | Yang Xiaodu | 杨晓渡 | 18 March 2018 | 11 March 2023 |
| 2 | Liu Jinguo | 刘金国 | 11 March 2023 | incumbent |
See also
[edit]- Anti-corruption campaign under Xi Jinping
- Central Leading Group for Inspection Work
- Commission Against Corruption (Macau)
- Corruption in China
- Independent Commission Against Corruption (Hong Kong)
- Ministry of Supervision
References
[edit]- ^ "Decision of the Standing Committee of the National People's Congress on Formulation of Supervisory Regulations by the National Supervisory Commission". The National People’s Congress of the People's Republic of China. 2019-10-26. Archived from the original on 2024-09-01. Retrieved 2024-09-01.
- ^ a b Horsley, Jamie P. (2018-05-30). "What's so controversial about China's new anti-corruption body?". Brookings Institution. Archived from the original on 2023-04-01. Retrieved 2023-04-01.
- ^ "中华人民共和国宪法_国情相关_中国政府网". www.gov.cn. Archived from the original on 2022-05-23. Retrieved 2023-04-01.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 2021-01-24. Retrieved 2021-04-07.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ a b c d Deng, Jinting (March 2018). "The National Supervision Commission: A New Anti-corruption Model in China". International Journal of Law, Crime and Justice. 52: 58–73. doi:10.1016/j.ijlcj.2017.09.005.
- ^ "CPC proposes listing supervisory commissions as state organs in Constitution". www.xinhuanet.com. Xinhua. 2018-02-25. Archived from the original on February 25, 2018. Retrieved 2018-02-25.
- ^ a b c d e Tsang, Steve; Cheung, Olivia (2024). The Political Thought of Xi Jinping. Oxford University Press. ISBN 9780197689363.
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